Las Vegas Assault and Battery Attorney

Although the terms are commonly used interchangeably, assault and battery are defined by Nevada law as being two entirely different offenses. Assault and battery involve many of the same elements; however, battery involves actual violence, while assault is classified as being more of the threat of violence.

If you have been accused of committing a violent crime against someone, understanding the differences in assault and battery are of extreme importance. Consulting with a defense attorney who specializes in dealing with these charges could greatly impact the outcome of your case.

Assault and Battery Defense in Nevada

Michael Pariente is a meticulous criminal defense lawyer who tenaciously fights for the rights of his clients accused of assault or battery in Henderson, Clark County, Paradise, Las Vegas, Spring Valley, and the surrounding areas. If you have been charged with either of these crimes, or any other violent crime, Pariente Law Firm, P.C. will fight for you.

Choosing an attorney who will focus his time and energy on fighting for the best possible outcome of your case is vital. Michael Pariente will not farm your case out to a less-experienced associate. He handles all matters himself, guaranteeing all clients have the full experience of a former prosecutor and federal public defender working on their case.

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Facing assault or battery charges? Call us at (702) 466-1871
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Information on Assault and Battery in Nevada

• Assault and Battery Defined By Nevada Law
• Penalties for Threats or Violence in Las Vegas
• Working with Qualified Assault and Battery Defense Attorney is Clark County

Assault and Battery Defined By Nevada Law

According to NRS 200.471, if an individual attempts or threatens to use physical force or violence against another person, that places that person is actual fear of immediate bodily harm, he or she can be charged with assault.

Battery is defined by NRS 200.481 as intentionally hitting, touching, striking, slapping, punching, pushing, or otherwise unlawfully using force or violence against another person. The key difference in assault and battery is that in order to be charged with battery, the violence has to actually be carried out.

Penalties for Threats or Violence in Las Vegas

If an individual is accused of assault or battery without the use of a deadly weapon, he or she can be charged with a misdemeanor. A conviction for simple charges usually carries a sentence of up to six months in jail, and/or up to a $1,000 fine. If the battery resulted in serious bodily harm, the offender can be charged with a category C felony, and sentenced to one to five years in prison, along with a potential fine of up to $10,000.

Assault with a deadly weapon is considered a category B felony, which is punishable by between one and six years in prison, and/or a maximum fine of $5,000. Battery with a deadly weapon is a category B felony; however it carries a potential prison sentence of between two and 10 years, and a potential $10,000 fine. If it leads to serious bodily harm, to potential prison sentence can be upgraded to between two to 15 years.

Every single element of any charge must be proven beyond reasonable doubt by the prosecution. If your defense attorney is able to show reasonable doubt for anything, it could lead to your charges being reduced or dismissed.

Differences Between Assault and Battery in Nevada

In Nevada, assault and battery are two separate offenses, each with distinct elements. Here’s how they differ:

Assault: Defined by NRS 200.471, assault occurs when someone attempts or threatens to use force or violence against another person. The key aspect of assault is the threat or attempt, not the actual physical harm.

• Example: If you raise your fist in a threatening way or verbally threaten to harm someone, that could be considered assault, even if no physical contact occurs.

Battery: Defined by NRS 200.481, battery happens when physical force is used against another person, intentionally hitting, slapping, or pushing them. Battery involves actual physical contact or harm.

• Example: If you hit someone or shove them in an argument, that’s considered battery because the physical harm was carried out.

Defending Against Assault and Battery Charges

There are several defense strategies that can be used to challenge assault and battery charges:

Self-Defense: If you were acting to protect yourself or others from imminent harm, the use of force may be justified.

• Example: If someone tries to attack you, and you respond by pushing them away to prevent injury, this can be considered self-defense.

Lack of Intent: For battery, it must be proven that the act was intentional. If the incident was accidental or you didn’t mean to cause harm, this could be used as a defense.

• Example: A situation where you accidentally bump into someone, causing them to fall.

False Accusations: If the victim is lying about what happened, an attorney can present evidence showing that the allegations are untrue.

• Example: If the accuser has a history of making false reports, this could undermine their credibility.

Mistaken Identity: If you were wrongly identified as the person who committed the crime, your attorney can work to prove that you weren’t involved.

• Example: If you were not at the scene or there’s insufficient evidence linking you to the crime, mistaken identity could be a valid defense.

Aggravating Factors in Assault and Battery Cases

Aggravating factors are circumstances that can make the crime more serious, leading to harsher penalties:

Use of a Deadly Weapon: If a weapon, such as a gun, knife, or blunt object, is used during the assault or battery, the penalties increase significantly. A weapon elevates the crime to a felony.

• Example: An assault with a gun may lead to more severe charges than a simple verbal threat.

Victim’s Vulnerability: If the victim is particularly vulnerable (e.g., elderly, disabled, or a child), it can lead to more severe charges.

• Example: Attacking a senior citizen can result in an aggravated charge with stricter sentencing.

Degree of Harm: The level of injury to the victim plays a critical role in the charges. If the victim suffers serious bodily harm, the charges will be more severe, potentially resulting in felony charges.

• Example: A minor injury might lead to misdemeanor charges, but severe injury or long-term harm could increase the charges to a felony.

An experienced attorney will use these factors to build a defense and may argue for lesser charges or reduced penalties, depending on the circumstances of the case.

Work with a Qualified Assault and Battery Defense Attorney in Clark County

Pariente Law Firm, P.C. provides a quality defense option for individual who are seeking legal assistance after being charged with assault or battery. Michael Pariente is a prosecutor turned defense attorney who has accumulated vast amounts of legal knowledge, and he will use that knowledge to ensure that you are making informing legal decisions throughout the legal process. 

Frequently Asked Questions (FAQ)

• Can I be charged with both assault and battery for the same incident?
  Yes, you can be charged with both assault and battery if your actions involve both a threat of harm (assault) and physical violence (battery). This can occur if the situation escalates from a verbal confrontation to actual physical contact.
• What is the difference between simple and aggravated assault in Nevada?
  Simple assault typically involves a threat or attempt to use force without any physical injury or weapon. Aggravated assault, on the other hand, involves the use of a deadly weapon or the intent to cause serious bodily harm, leading to more severe penalties.
• What happens if I’m charged with battery but I didn’t actually hit the person?
  If you are charged with battery but did not physically hit the person, you may still be facing charges if there was an unlawful use of force, such as slapping or pushing. If you didn’t intend to cause harm, this could be a valid defense, but it must be argued in court.
• Can an assault charge be dropped if the victim refuses to cooperate?
  While a victim refusing to cooperate may weaken the prosecution’s case, it does not automatically result in the charges being dropped. The prosecution can still pursue charges based on other evidence, such as witness testimony, physical evidence, or police reports.
• Is it possible to get a reduced sentence for assault or battery charges in Nevada?
  Yes, it is possible to get a reduced sentence, especially if you have a clean record, cooperate with law enforcement, or show remorse. Working with an experienced attorney can help negotiate for reduced charges or alternative sentencing options, such as probation or community service.
• How do I know if self-defense is a valid argument in my case?
  Self-defense can be a valid argument if you reasonably believed you were in imminent danger of harm and used only the necessary amount of force to protect yourself. Your attorney will review the circumstances surrounding the incident to determine if self-defense can be successfully argued in court.
• Can I be charged with assault if I only made a threat but didn’t physically act on it?
  Yes, you can be charged with assault if you threatened someone in a way that placed them in fear of immediate bodily harm, even if you did not physically carry out the threat. The key factor is that the victim feared harm based on your actions or words.

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